TSS 482 Visa: How to Get Permanent Residency?

The Subclass 482 Visa, also known as the Temporary Skill Shortage (TSS) Visa, is a crucial pathway for skilled workers to come to Australia and address specific skill shortages. Introduced in March 2018, this visa allows skilled workers to be sponsored by an approved employer.
Significantly, the 482 Visa can lead to permanent residency in Australia through various pathways. There are two pathways available, one is ENS ( Employer Nominated Scheme) and the other one is GSM (General Skilled Migration).

According to recent statistics, a substantial number of 482 Visa holders successfully transition to permanent residency each year, highlighting its importance as a stepping stone towards settling in Australia permanently.

Understanding the requirements, processes, and options available for transitioning from a 482 Visa to permanent residency is essential for individuals seeking to establish a long-term future in Australia.

In this guide , we will understand TSS 482 Visa and its pathways to permanent residency, criteria you need to met and alternative options available to TSS visa holders who are interested in staying temporarily and long term.

Understanding the 482 Visa

The Temporary Skill Shortage (TSS) 482 Visa, an important part of Australia’s skilled migration program, allows highly skilled workers to fill the gaps in the country’s labor market temporarily. TSS visa holders shall only be allowed to work for the sponsoring employer who nominated them on the visa and must be covered by health insurance during their stay in Australia.

The employer and the visa holder have to meet specific conditions to enter the pathway to Temporary Resident Transition pathway (TRT). TSS 482 visa is available for the occupations listed in the Short-Term Skilled Occupation List (STSOL), the Medium and Long-term Strategic Skills List (MLTSSL) as well as the Regional Occupation List (ROL). It is important to make sure the nominated occupation is listed within one of these 3 lists for it to be an option to be issued with TSS visa.

Step-By-Step Pathways To Permanent Residency For 482 Visa Holders

Now that we have a grasp of the TSS 482 visa, we will explore the various options that TSS visa holders have for gaining permanent residency in Australia.
These pathways include both Employer Nomination Scheme (ENS) and General Skilled Migration (GSM).

Employer Nomination Scheme (ENS)

The Employer Nomination Scheme (ENS) offers permanent residency for skilled workers sponsored by an Australian employer through three streams.

• Direct Entry Stream: A special path that leads to getting PR based on the skills assessment test, skilled employment, and employer nomination. The Direct Entry Stream leads to a permanent residency of a sponsoring employer with a positive skills assessment. The process involves satisfying the nomination and visa requirements provided you are not beyond 45 years old unless the PR age limit is applied for the 482 visa
• Labour Agreement Stream: Involves signing a Labour Agreement under a government regulation with an employer addressing the specific labor market needs. The Labour Agreement aims to fill the gaps in the skilled workforce by providing a pathway to permanent residence for migrants sponsored by employers. Employers are allowed to sponsor overseas workers in occupations that are not listed on the normal skilled occupation list.
• Temporary Residence Transition (TRT) Stream: The Temporary Residence Transition (TRT) Stream under subclass 186 ENS visa is the another pathway to permanent residency for TSS visa holders. Typically, this visa is given to TSS visa holders who have been engaged by the same employer for three years and who need employer sponsorship to further their application for permanent residency.

The process involves employer-sponsored registration under the TRT stream and compliance with all nomination and visa regulations. Efficient procedure for TSS visa holders who are likely to remain with their employer and contribute to the Australian labor market.

Eligibility Requirements For Employer Nomination Scheme (ENS) Visa

To be eligible for the ENS 186 visa, applicants must meet the following criteria:

Employer Nomination: The nominee must be nominated by an approved employer in Australia. The employer is required to show that there is a real need for the nominated position, and also have to meet certain requirements, for example, to pay the market salary rate.

Age Limit: All applicants must be under 45 years old when their application for permanent residency is first deposited, with the exception of those who have a waiver. Exemptions can be permitted for specific jobs like academics or high-income jobholders.

Occupation and Skills: Applicants should have what it takes to meet the job requirements, whether it is experience, education, or technical abilities. The applicant must have the qualification for the job which is on the relevant skilled occupation list.

English Language Proficiency: Visa requirements vary according to the English language proficiency level that applicants must prove.

Health and Character: Health and character suitability tests are required of the applicants at the visa issuance stage.

General Skilled Migration ( GSM)

General Skilled Migration offers the opportunity of permanent residency and citizenship to skilled workers. It is a points-based system, considering criteria such as age, education, work experience, English proficiency, etc. The transition from the 482 Visa to permanent residency in Australia involves meeting requirements under the ENS and GSM Streams and ensuring compliance with visa regulations, as well as being eligible through skills, qualifications, and employer sponsorship.

A GSM visa normally gives the applicants two options: either a direct permanent residency or some years to live and work in the designated country on a provisional visa, with a future chance to apply for permanent residency. These kinds of visas are generally in high demand because they give people a means to become permanent residents of Australia. The GSM visa category is divided into multiple visa programmes which include the Skilled Independent (Subclass 189) visa, the Skilled Nominated (Subclass 190) visa, and the Skilled Work Regional (Provisional) (Subclass 491) visa.

To be eligible, applicants must:

• One of the things that are being targeted is be under 45 years of age.
• Have a strong occupation outlined on the Skilled Occupation List.
• Get a positive skills assessment for their occupation advised.
• Match the minimum score, which at the moment is 65 points.
• Show your skills of English language.
• Must comply with health and character requirements.

Transitioning from TSS 482 Visa to Permanent Residency

Requirements for 482 Visa Holders to Apply for Permanent Residency

Every job that is under the TSS 482 visa will have access to permanent residence expectedly through the Employer Nominated Scheme (subclass 186) in the Temporary Residence Transition (TRT) stream.

Key Requirements Include:

• Being under 45 years of age at the time of applying for permanent residency, unless eligible for an age exemption.
• Meeting qualifications, work experience, English language proficiency, health, and character requirements.
• Paying the Skilling Australian Fund (SAF) levy, which is either $3,000 or $5,000 depending on the nominator’s business annual turnover.

Getting a Permanent Residency without an Employer

• If you do not have a family member who is an Australian citizenship holder or permanent resident and your employer doesn’t nominate you, the General Skilled Migration (GSM) route becomes the most obvious choice to follow.
• GSM visas are points-based, where the candidates are scored with emphasis on factors like age, education, work experience, language proficiency, and other such criteria.
• Candidates have to secure a certain amount of points to be eligible, and substantial candidates either get a permanent residency or a conditional visa with a route to permanent residency

Navigating the Application Process

• See whether you match the requirements for permanent residency on the category you belong to.
• Complete the skills assessment by submitting an application to either assessing authority, both of them or any other relevant assessing authority with required certificates/documentation evidencing your skills and work experience.
• Following your expression of interest in a permanent residency to Home Affairs, Department through Skill Select, do not forget to give a detail of yourself showing your suitability.

Permanent Resident Rights and Duties

• Those who have been granted permanent residency and live in Australia, enjoy the privilege to pursue their desired occupation and study without the hindrance of any restriction.
• They get the same privileges as citizens despite the fact that they are not eligible to hold an Australian passport and they cannot vote in Australian Federal, State, and Territory elections.
• Setting up the idea of being a permanent resident means the expectation to follow all the laws and to act in a responsible way when living in Australia.

In a Nutshell,

Australia’s immigration system, particularly the path to permanent residency (PR), can be a complex and intricate process. Understanding the legalities and navigating the application effectively can be challenging. To ensure a smooth and successful journey, many visa applicants choose to enlist the help of registered migration agents. These specialists possess in-depth knowledge of the Migration Act and Regulations, offering crucial guidance and maximizing your chances of a positive outcome. At Ozee Migration, our team of qualified and experienced migration agents are dedicated to providing professional and meticulous case management for the Skilled Employer Sponsored (Subclass 482) visa pathway. We can help streamline and optimize the application process, ensuring a more efficient experience.

Recommended Read: 491 Visa for Skilled Workers: Key Industries and Job Opportunities